St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-19
The Interstate Commissioners Give Out a
Large-Sized Hint to the
Railroads,
To the Effect That the Law Will be
Construed Fairly to All
Parties,
But That No Evasions or Miscon-
structionS VIII Be
Allowed
On the Part of the Corporations
Affected by the
Statute.


yet taken by the interstate commerce COM
mission. The immediate matters selected
to which append the opinions of the COM
mission only affect the interests of limited
classes, but the opinions themselves cover
in important respects interpretations OF the
interstate commerce law and determinations
respecting the extent of the power with
which the commission deems itself charged.
and, as is proved by the immense CORES
pondence of the commission. are of interest
to most every branch of trade or commerce
in the land The following is the text of
the ruling:
The Interstate Commission, Washington,
April lS-ln the matter OF the order of rail
way conductors, and, in the matter of the Pc
tition of the Traders and Travellers union, an
application in writing has been made TO the
commission for its SISwer to the following
questions propounded on behalf of the Order
of Railway Conductors:
First-Are railway companies prohibited
from issuing free transportation to the i'm
mediate families of employees OF their own
railways?
Second-Are railway companies prohibited
from issuing free or reduced transportation
10 officers of associations composed exclu-
sively of railway employeS, while these
officers are temporarily out of railway Serv-
ice and exclusively employed by those asso-
Citations?
Thrd-May railway companies issue free
passes to employees of other railways on the
application of the employe, or must such
application come from the officer of the COM
pany by which he is employed?
Fourth-May railway companies issue free
or reduced transportation to those who make
railway service their business or trade while
temporarily
OUT OF EMPLOYMENT
and in search of situations.
Fifth-May railway companies provide free
transportation for delegates to the annual
conventions of an association composed eX-
cluSively of railway employees on certificates
from the officers of the association that they
are such Representatives?
Sixth-If free transportation may be fur
nished to representatives described in Ques-
ton ). must all such representatives be
actually in the employ, or MAY it include
those who may be temorarily out of employ
Inent ard those temporarily engaged IN other
employment, as officers of such associations.
Seventh free transportation is provided
for delegates described in question s. may 1t
include members of the immediate families of
delegates?
Eighth-If transportation or reduced rates
are provided for the representatives of any
one association must the same be extended to
all others which are composed exclusively Of
railroad employees on application?
Nine-Another petition has been made to
the commission on behalf of the Trades and
Travellers union stating the system under
which an additional allowance of free bag
rgage has been heretofore carried by CONNER
cal travellers subject to written agreement
flor registry and in Identification, which
system the commission is requested TO eXan
zine carefully and advise if there is any reason
Iwhy railroad desiring to do so should not
lenter into such an arrangement to grant I'M
Ecer stated terms an increased allowance of
free baggage.
THESE TWO PETITIONS,
.presented by highly respectable organizations
land raising questions of immediate practical
Importance as representatives of large
number of similar applications which have
tbeen made to the commission for its con-
tStruction of the 'act regulating commerce.
as applied to the various points at which
these provisions touch the customs of the
past, have been selected simply as they in
dictate the general character of all and enable
the commission to announce certain conclu-
,sionS TO which it has arrived respecting its
jurisdiction and its powers; it is obvious from
the tenor of such applications as these which
reach US by every mail, that the impression
rs neutrality-suspicious. that this commission
has power to construe interpretations as ap-
piled to the law by preliminary judgement
We are continually appealed to for decisions
Tin advance as TO whether common carriers,
said TO be willing to adopt certain methods of
dealing with respect to interstate commerce,
lean do 50 without sebjecting themselves to
the penalties denounced by the statute for
violating its provisions. A careful reading of
the ''act to regulate commerce" under which
this commission is organized, will show to the
petitioners and others who have made similar
applications, that no jurisdiction has been
given to us to answer questions like these
under consideration. An expression of our
opinion upon these subjects at this time
being neither duty imposed nor power
conferred by the statute, would carry with it
NO JUDICIAL EFFICACY
or sanction. In fact it would be no more
useful than the opinion of other men upon
the same points. Two sections of the law
confer over upon the commission to enter
tain and decide applications and petit. ms.
Section empowers US, upon the application
of common carrier, to authorize such COM
mon carrier in special cases to charge less for
longer than for shorter distances over the
same lines and also 10 prescribe the extent
OF the relief from the operation of the former
part of the same section, which a designated
common carrier may from time to time enjoy.
A large number of petitions have been filed
under this section. the consideration Of which is
at this time engaging the attention of the COM
mission, and nothing said in this opinion is TO
be treated in any matter bearing thereon.
1t is obvious that applications like those of
the railway conductors and the Trades and
Travellers union have no relation whatever
ito the duty imposed upon us by section 4, and
this is the only section of the law which the
commission has the power to suspend or re-
lax Section ID authorizes complaints to the
commission and confers jurisdiction to en-
terrain the same. provinces IQaC any per-
son complaining Of anything done or omitted
TO be done by any common carrier, subject to
the provisions of this act, in contravenuion of
the provisions thereof, may apply to said
commission by petition, which shall briefly
STATE THE FACTS
notice and opportunity for answer having
been given. Unless satisfaction is made an
Investigation is required. Upon such investi-
igation the commission will necessarily enter
tain the consideration of the question whether
the conduct complained of is or not in con-
travention OF the provisions of the law, and
if it so adjudges, it is authorized to issue a
notice enjoining the carrier from further VIC
ilation of the law and to award reparation for
the injury done or both. But neither the
railway conductors nor Trades and Travellers
unions complain that any common carrier
has violated the law. On the contrary they
both aver that the railroad companies do
not now violate the law and do
not wish to do so. The conductors
say that they fear they will not receive passes
as heretofore and the Trades and Travellers
Union say that the commercial travellers will
not be allowed free transportation for 100
pounds of extra baggage as was allowed las t
year. They present no complaint of anything
done or omitted in cOntravention of the pro-
visions of the law. If a railroad company
should issue pass to a conductor and his
family to attend the approaching convention,
or should transport 300 pounds OF baggage
free for commercial traveller, under the
registry and indemnity, system, and some
person, feeling aggrieved, should make COM
plant of unjust discrimination,
1T WOULD THEN BE PROPER
for the commission to entertain the question
of whether such conduct was or was not in
violation of the law, and if so whether it was
or was not within the exception stated within
section 2. Complaint may also be presented
if the charges made by the carriers are not
considered reasonable and just. But until
questions of this kind come before US in the